Legal Opinion

In re the Welfare of the Child of J.K.T.

Court of Appeals of Minnesota

Decided May 21, 2012No. A11-1576PublishedCited by 14 opinions

1Opinion of the Court

OPINION

RODENBERG, Judge.

In this appeal, we must determine whether the death of a child pending his mother’s appeal from a final order terminating her parental rights affects the appeal. We conclude that the termination order remains ripe for review because (1) the abatement doctrine advanced by appellant-mother has not been adopted by Minnesota courts or the legislature; (2) the appeal concerns appellant’s constitutional rights; (3) the appeal was perfected before the child’s death; (4) the district court no longer has jurisdiction to convert the involuntary termination order to a voluntary…

2Cases cited45 opinions

  1. Stanley v. IllinoisSupreme Court of the United States · 1972
  2. State v. SaldanaSupreme Court of Minnesota · 1982
  3. Marriage of Sefkow v. SefkowSupreme Court of Minnesota · 1988
  4. State v. PostSupreme Court of Minnesota · 1994
  5. Plowman v. Copeland, Buhl & Co., Ltd.Supreme Court of Minnesota · 1977

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3Cited by14 opinions

  1. Keller v. KellerNorth Dakota Supreme Court · 1998
  2. In re the Welfare of the Children of K.S.F.Court of Appeals of Minnesota · 2012
  3. In re G. J. Parents F.Court of Appeals of Minnesota · 2018
  4. In the Matter of the Welfare of the Child of: A. S. R. and M. J. I., Parents.Court of Appeals of Minnesota · 2015
  5. In the Matter of the Welfare of the Child of: A.N.T. and J.W., Parents.Court of Appeals of Minnesota · 2015

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